Buildings Restrictions (War-Time Contraventions) Act 1946

8 Application to Scotland U.K.

(1) This Act shall in its application to Scotland have effect subject to the following provisions of this section.

(2) For any reference to the Minister of Health or to the Minister of Town and Country Planning there shall be substituted a reference to the Secretary of State; for any reference to the High Court there shall be substituted a reference to the Court of Session; . . . F1

(3) For any reference to a county borough there shall be substituted a reference to a burgh, and references to county districts shall not apply; for any reference to an interest held in reversion expectant on the termination of another interest there shall be substituted a reference to the interest of the landlord in land subject to a lease; for any reference to the fee simple in land there shall be substituted a reference to the interest of the proprietor of thedominium utileor, in the case of land other than feudal land, of the owner; and for any reference to an underlease there shall be substituted a reference to a sub-lease.

(4) Subsection (8) of section two shall have effect as if for the words “in the form of special case for the opinion of the High Court” there were substituted the words “ a case for the opinion of the Court of Session on”.

(5) Section seven shall have effect as if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(b) for the definition of “owner” the following definition were substituted—

• “owner” includes in relation to any land any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking.

[F3 (c) for the definition of “authority responsible for enforcing planning control” there were substituted the following definition—

• “authority responsible for enforcing planning control” means, in relation to any works on land or use of land, the authority empowered by virtue of section seventy-two of the M1 Town and Country Planning (Scotland) Act 1947, [F4 or of paragraph 28 of Schedule 22 to the M2 Town and Country Planning (Scotland) Act 1972] to serve an enforcement notice in respect thereof . . . F5 or the authority who would be so empowered if the works had been carried out or the use begun otherwise than in compliance with planning control; and

(d) in subsection (5) for the words from “ conferred by” to the end of the subsection there were substituted the words “conferred by section seventy-two of the M3 Town and Country Planning (Scotland) Act 1947”[F6 or by paragraph 28 of Schedule 22 to the M4 Town and Country Planning (Scotland) Act 1972.]]

Textual Amendments

F1 Words repealed by Town and Country Planning (Scotland) Act 1947 (c. 53), Sch. 8

F2 S. 8(5)(a) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F3 S. 8(5)(c)(d) inserted by Town and Country Planning (Scotland) Act 1947 (c. 53), Sch. 8

F4 Words inserted by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F5 Words repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

F6 Words added by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 21 Pt. II

Modifications etc. (not altering text)

C1 Functions of Minister of Health under this Act now exercisable by Secretary of State: S.I. 1951/142 (1951 I, p. 1348, art. 3(1), Sch. Pt. I, 1951/1900 (1951 I, p. 1347), 1965/319, art. 2(1), Sch. 1 Pt. I and 1970/1681, art. 2(1)

C2 Functions of Minister of Town and Country Planning now exercisable by Secretary of State: S.I. 1951/142 (1951 I, p. 1348), art. 2, 1951/1900 (1951 I, p. 1347), 1965/319, art. 2(1), Sch. 1 Pt. I and 1970/1681, art. 2(1)

C3 Functions of dean of guild court now exercisable by authority responsible for building control in area concerned: Local Government (Scotland) Act 1973 (c. 65) s. 227

Marginal Citations

M1 1947 c. 53.

M2 1972 c. 52.

M3 1947 c. 53.

M4 1972 c. 52.